Can I travel outside of US with current AP with renewal pending?

[Dradek 17]

My EAD-AP combo card will expire on December 15, 2018. I have an upcoming international travel from November 18, 2018 to December 1, 2018 and plan to enter on my current AP. I am filing for renewal before I leave (~120 days prior to expiry). Wanted to know if it is safe to travel during the renewal period?

Will there be any effect of this travel on the AP renewal application? Is there a chance that AP renewal application can be denied if I leave the country before receiving the approval, even though I have a valid AP and will be returning to US before it expires.

 

Will I be able to use the current AP to enter if the new AP is approved but I haven't received it because of the travel?

[Cyberfx1024 7,980]

33 minutes ago, RDeck said:

My EAD-AP combo card will expire on December 15, 2018. I have an upcoming international travel from November 18, 2018 to December 1, 2018 and plan to enter on my current AP. I am filing for renewal before I leave (~120 days prior to expiry). Wanted to know if it is safe to travel during the renewal period?

Will there be any effect of this travel on the AP renewal application? Is there a chance that AP renewal application can be denied if I leave the country before receiving the approval, even though I have a valid AP and will be returning to US before it expires.

 

Will I be able to use the current AP to enter if the new AP is approved but I haven't received it because of the travel?

Yes, it is safe to travel so don't worry. What status are you adjusting from K1 or are you doing ROC right now? The only way your application can be denied usually is if they call you in for an interview and you don't show up for the interview.

 

You can file for renewal of your EAD/AP card before the time period by making an Infopass appointment, they will stamp your passport during that visit.

Edited April 24, 2018 by cyberfx1024

[Dradek 17]

Thank you so much for your reply. I saw some comments from attorneys suggesting not to travel. I was really worried.

 

I'm adjusting from K1. So they stamp AP on the passport during Infopass appointment?

[landmb 2]

On 4/24/2018 at 3:25 PM, RDeck said:

Thank you so much for your reply. I saw some comments from attorneys suggesting not to travel. I was really worried.

 

I'm adjusting from K1. So they stamp AP on the passport during Infopass appointment?

I realize this is from a few months ago, but I came across it when searching my similar situation (deciding whether to travel while AP renewal is pending). I just wanted to point out to you that if you travel using your valid AP there is a chance your pending AP could be denied. I haven't seen much mention of this on VisaJourney but there's a lot of talk about it on Trackitt and a few immigration law blogs.

 

Also I'm pretty sure you can't have your passport stamped for AP at infopass - I think the only AP they can give you at InfoPass is an emergency AP in a genuine emergency situation. I'm not meaning to be a smart a**, just wanting to let you know that my understanding of this situation contradicts the information you have been given.

[little immigrant 801]

3 hours ago, landmb said:

I realize this is from a few months ago, but I came across it when searching my similar situation (deciding whether to travel while AP renewal is pending). I just wanted to point out to you that if you travel using your valid AP there is a chance your pending AP could be denied. I haven't seen much mention of this on VisaJourney but there's a lot of talk about it on Trackitt and a few immigration law blogs.

Question. Based on what grounds will AP be denied if you travel with your valid one? Please elaborate further as I'm curious. 

[Dradek 17]

Hi all,

 

So we talked to an attorney about this thing. She previously helped us with the K1 visa. She said it is perfectly fine to travel on the current valid AP while I have an application for AP renewal under process. She said the renewal can only be denied if I travel as a tourist (on B1/B2 visa). But if I use my AP for the travel I'll be fine. 

[landmb 2]

41 minutes ago, little immigrant said:

Question. Based on what grounds will AP be denied if you travel with your valid one? Please elaborate further as I'm curious. 

Honestly, I'm not quite clear on this myself so don't count on what I say - I'm still trying to figure it out so I can make my own decision about travel and have posted in several forums myself, to contradictory advice/opinion.

 

But these are some of the many law sources that I have found that discuss this: 

http://www.seyfarth.com/publications/OMM083017-LE

https://www.murthy.com/2017/08/10/uscis-denying-advance-parole-applications-based-on-overseas-travel/

They both mention travel on valid AP when renewal is pending.

 

I really can't get a clear answer on this and in several forum threads that I or others have initiated, people state their lawyer told them not to travel with renewal pending. But I just can't get to the bottom of whether that's just the lawyer trying to save their own reputation by being overly cautious. Also forums tend to be very one-sided - you don't tend to hear from those who did successfully travel while the renewal was pending. Those who speak the loudest seem to be those who were denied, or those who are too scared to travel!

Edited August 13, 2018 by landmb

[landmb 2]

31 minutes ago, RDeck said:

Hi all,

 

So we talked to an attorney about this thing. She previously helped us with the K1 visa. She said it is perfectly fine to travel on the current valid AP while I have an application for AP renewal under process. She said the renewal can only be denied if I travel as a tourist (on B1/B2 visa). But if I use my AP for the travel I'll be fine. 

That is great to hear. I think I'm going to go ahead and travel too, I think it's worth the risk. I wish USCIS would come out with some clear guidance on this, because it seems many attorneys are informing people not to travel when they probably can.

[Dradek 17]

14 minutes ago, landmb said:

That is great to hear. I think I'm going to go ahead and travel too, I think it's worth the risk. I wish USCIS would come out with some clear guidance on this, because it seems many attorneys are informing people not to travel when they probably can.

I know. All this stuff is really confusing. That's why we went back to our attorney to be sure about it. We have already got our tickets and will be travelling in November. I can't wait to see my family. Haven't seen them in 2 years.  

 

Worst case scenario, USCIS denies our AP renewal application.  We can always file a new AP application once we return to the U.S. on our current valid AP. 

Edited August 13, 2018 by RDeck

[little immigrant 801]

7 hours ago, landmb said:

 

Will the green card be denied too if you travel on AP? We have a valid AP and if the renewal gets denied we just wait for the GC, no?

Edited August 13, 2018 by little immigrant

[Larindra 9]

I just traveled and returned on AP and my renewal is pending. My current AP is still valid. We'll see what happens. 

[landmb 2]

42 minutes ago, little immigrant said:

Will the green card be denied too if you travel on AP? We have a valid AP and if the renewal gets denied we just wait for the GC, no?

From the very little information I can find online, it looks like the GC application would never be denied in this situation. So, exactly, just wait for the GC if the AP is denied. It's not like we haven't waited before! For me the GC and EAD/AC renewal are due to come in around the same time, so I've decide I will probably travel anyway and deal with any consequences.

[landmb 2]

37 minutes ago, Larindra said:

I just traveled and returned on AP and my renewal is pending. My current AP is still valid. We'll see what happens. 

I cross my fingers for you! I read that if it's denied it wouldn't be denied any quicker than they would normally appove, if that makes sense. Also if it's denied you can just re-file. But I have hope very much that yours won't be denied!

[Dradek 17]

1 hour ago, little immigrant said:

Will the green card be denied too if you travel on AP? We have a valid AP and if the renewal gets denied we just wait for the GC, no?

I agree with @landmb, there is no impact on the GC application.  

[Dradek 17]

1 hour ago, Larindra said:

I just traveled and returned on AP and my renewal is pending. My current AP is still valid. We'll see what happens. 

I'm sure it will be fine.